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  Maybe the Torture Memo Authors Shouldn't Go to Europe Right Now

  Posted Tuesday, April 21, 2009 5:37 PM | By E.J. Graff

  Kerry, you're exactly right. The "ticking bomb" torture scenario is a fairy tale. That justification for torture assumes that my government—or any government—can be as omniscient as Jack Bauer's screenwriters. How very convenient to imagine that the government would somehow know all about a plot, including when the bomb will go off and who has the code to turn it off! Why am I ever supposed to trust the rulers of any country—Russia, Iran, Morocco, or the U.S.—to know, with 100 percent certainty, that they've arrested exactly the right person?
  

  Meanwhile, it looks like the people behind the torture memos (which did not, as Emily noted, result in information about a ticking bomb or any other plots), will be investigated—whether here or in Europe.

  Spanish judge Baltasar Garzon is known for attempting to extradite Pinochet from London for trial in Madrid ... and also for presciently indicting Osama Bin Laden and 34 other al-Qaida operatives in 2003. Unlike Gitmo's torture, Garzon's indictment actually led to long prison sentences, according to the BBC, for 18 people—including one person convicted for helping to plot the 9/11 attacks.

  Now Judge Garzon has given the go-ahead to a criminal investigation of the Bush administration team behind the torture memos. Reuters says that the six indicted include "William Haynes II, former general counsel for the Department of Defense; John Yoo, the former Justice Department lawyer who wrote secret legal opinions saying President George W. Bush had the authority to circumvent the Geneva Conventions; Douglas Feith, former undersecretary of defense for policy; Jay Bybee, Yoo's former boss at the Justice Department's Office of Legal Counsel; and David Addington, chief of staff and legal adviser to ex-Vice President Dick Cheney." Can Bush and Cheney be far behind?
  

  Filed under: baltasar garzon, office of legal counsel, jay bybee, torture memos, Jack Bauer

About E.J. Graff

• E.J. Graff is associate director and senior researcher at Brandeis University's Schuster Institute for Investigative Journalism, where she directs the Gender & Justice Project. She is a resident scholar at the Brandeis Women's Studies Research Center. As a journalist and author, her work has appeared in such venues as The New York Times Magazine, The Washington Post, Foreign Policy magazine, The Boston Globe, The Los Angeles Times, Columbia Journalism Review, Good Housekeeping, The Nation, The New Republic, and in more than a dozen anthologies. She collaborated on former Massachusetts Lt. Governor Evelyn Murphy's book Getting Even: Why Women Don't Get Paid Like Men--and What To Do About It (Simon & Schuster, 2005). Her first book, What Is Marriage For? The Strange Social History of Our Most Intimate Institution, has been widely cited in legal journals, reprinted for academic use, entered as courtroom exhibits, and quoted by government policymaking bodies.

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